Loading...
HomeMy WebLinkAbout07-14 TCSD Resolution - I I I RESOLUTION NO. CSD 07-14 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CALLING A SPECIAL MAIL BALLOT ELECTION FOR MARCH 4, 2008 TO SUBMIT A PROPOSED INCREASE TO THE RATES AND CHARGES FOR SERVICE LEVEL C TO OWNERS OF REAL PROPERTY SUBJECT TO THE PROPOSED INCREASE, APPROVING A REPORT ON THE PROPOSED INCREASE AND ADOPTING PROCEDURES FOR THE CONDUCT OF THE ELECTION THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOllOWS: Section 1. On October 9, 2007 the Board of Directors (the "Board") of the Temecula Community Services District (the "TCSD") adopted Resolution No. 07-12 declaring its intention to increase rates and charges for Service level C commencing Fiscal Year 2008-2009 and to provide an annual adjustment to such rates and charges (the "Proposed Increase"). Section 2. Pursuant to Article XIIID of the California Constitution ("Proposition 218") TCSD Board must hold a noticed public hearing on the Proposed Increase and the report (the "Written Report") containing a description of each parcel of real property to which the Proposed Increase is applicable and the amount of the Proposed Increase, and to consider protests to the Proposed Increase and, if a majority protest is not received at the public hearing, the Council must submit the question of the Proposed Increase to a vote of the owners of the property subject to the Proposed Increase for approval before the Proposed Increase may be levied. Section 3. In accordance with Proposition 218, the Board held a duly noticed public hearing on the matter of the Written Report and the Proposed Increase on December 11, 2007 and took testimony, both written and oral. Section 4. The Board hereby approves the Written Report, which is incorporated herein by this reference, and the Proposed Increase described in the Written Report. Section 5. The Board determines that for each Service level C zone, written pmtests have not been received from a majority of the owners of the parcels subject to thEl Proposed Increase in that particular Service level C zone. Section 6. The Board hereby calls a special election, to be held solely by mail ballot, for the purpose of submitting the Proposed Increase to a vote of the owners of parcels that are subject to the Proposed Increase within each Service level C zone. R/CSD Resas 2007/CSD 07-14 - II The date of the election shall be Tuesday, March 4, 2008. Ballots must be received by the City Clerk/Secretary of the TCSD no later than 8:00 p.m. on the date of the election. Section 7. The notice and ballot to be submitted to the property owners shall be substantially in the forms attached as Exhibit A, which are incorporated herein by this reference. Section 8. The Board hereby approves the Procedures for the Completion, Return and Tabulation of Ballots (the "Ballot Procedures") as set forth in Exhibit B, which is incorporated herein by this reference, and directs the Ballot Procedures to be placed on file in the office of the City Clerk/Secretary of the TCSD. The special election called by this resolution shall be conducted in accordance with Ballot Procedures. Section 9. The City Clerk/Secretary of the TCSD is hereby authorized to canvass the returns of the election. The officers and staff of the TCSD are hereby authorized and directed to take such further action as may be necessary and appropriate in preparing for and conducting the election. I PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 11th day of December, 2007. C:M ington, Vice President ATTEST: [SEAL] I R:/CSD Resos 2007/CSD 07-14 2 - II I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 07-14 was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 11th day of December, 2007, by the following vote: AYES: 4 BOARD MEMBERS: Edwards, Naggar, Roberts, Washington NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 1 BOARD MEMBERS: Comerchero ~ . Jones, MMC oard Secretary R/CSD Resos 2007/CSD 07-14 3 - I Exhibit A Service Level C Notice and Ballot Notice and Ballot - CPI Only Notice and Ballot - I Year Rate Increase & CPI Notice and Ballot - Multi-Year Rate Increase & CPI I I . I I I NOTICE OF ELECTION ZONE <<ZONE>> - <<TRACT_NAME>> PROPOSED SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose an increase to the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008 and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). TCSD prepared a report regarding the Proposed Increase, which is filed with the Secretary of the TCSD (the "Report"). The Report identifies the properties upon which the Proposed Increase will be imposed (the "Properties"), if approved, beginning Fiscal Year 2008-2009. For your Service Level C zone, beginning Fiscal Year 2008-2009 the TCSD proposes to increase the annual Service Level C charge, as needed, by the percentage change in the Los Angeles-Riverside-Orange Counties, CA Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year but by no more than 5%. On December 11, 2007 the Board of Directors conducted a public hearing and considered all objections or protests to the Report and the Proposed Increase. At the conclusion of the public hearing, the Board determined that written protests against the Proposed Increase were presented by less than a majority of owners of the Properties in your Service Level C zone. As a result the TCSD Board has called an election by the Property owners for approval of the Proposed Increase. The Board of Directors encourages you to return the ballot indicating your approval of or opposition to the Proposed Increase and to use the enclosed envelope. The ballot must be received by the City Clerk/District Secretary no later than 8:00 pm on March 4, 2008. The Proposed Increase for your Service Level C zone will be abandoned if the ballots are not approved by a majority vote of the returned ballots. In the event the Proposed Increase is abandoned, the property owner will continue to be assessed at their current Service Level C charge. - I - . I I I Pursuant to the federal Voting Rights Act we are also providing the enclosed ballot materials in Spanish. If you have any questions about this notice, ballot or Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. -2- . I OFFICIAL BALLOT PROPERTY OWNER: OWNERl OWNER2 MAIL_ADDRESS CITY, STATE ZIP CODE Zone ZONE - TRACT_NAME TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES PROPERTY: APN: APN SITUS NO SITUS ST - - YES D Shall the annual charge for Service Level C (perimeter landscaping and slope maintenance services), as specified in Temecula Community Services District Resolution No. 07-XX, beginning Fiscal Year 2008-2009 be subject to an annual inflation adjustment that is based on the Riverside County Consumer Price Index-Urban Consumers (CPI-U) percentage change for the previous calendar year and that cannot exceed 5% annually? NO D I I hereby declare, under penalty of petjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Signature Date Print Name Summarv of Procedures for the Comoletion. Return. and Tabulation of Ballots To vote, mark the square after the word "YES" or after the word "NO," print your name, sign and date the ballot. Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self- addressed to the City ClerklDistrict Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589 or delivered to City of Temecula; Attn: City ClerklDistrict Secretary at 43200 Business Park Drive, Temecula, CA 92590 prior to 8:00 pm on Tuesday, March 4, 2008. For a more complete explanation of the balloting process please refer to the enclosed "Procedures for the Completion, Return and Tabulation of Ballots." I BARCODEYES BARCODENO - I I I NOTICE OF ELECTION ZONE <<ZONE>> - <<TRACT_NAME>> PROPOSED SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose an increase to the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008 and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). TCSD prepared a report regarding the Proposed Increase, which is filed with the Secretary of the TCSD (the "Report"). The Report identifies the properties upon which the Proposed Increase will be imposed (the "Properties"), if approved, beginning Fiscal Year 2008-2009. For your Service Level C zone, the Fiscal Year 2008-2009 Service Level C charge is proposed to be $<<PROPOSED RATE>>. Beginning Fiscal Year 2009-2010, TCSD proposes to increase, as needed, the annual Service Level C charge by the percentage change in the Los Angeles-Riverside-Orange Counties, CA Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year but by not more than 5%. On December 11, 2007 the Board of Directors conducted a public hearing and considered all objections or protests to the Report and the Proposed Increase. At the conclusion of the public hearing, The Board determined that written protests against the Proposed Increase were presented by less than a majority of owners of the properties in your Service Level C zone. As a result the TCSD Board has called an election by the Property owners for approval of the Proposed Increase. The Board of Directors encourages you to return the ballot indicating your approval of or opposition to the Proposed Increase and to use the enclosed envelope. The ballot must be received by the City Clerk/District Secretary no later than 8:00 pm on March 4, 2008. The Proposed Increase for your Service Level C zone will be abandoned if the ballots are not approved by a majority vote of the returned ballots. In the event the Proposed Increase is abandoned, the property owner will continue to be assessed at their current Service Level C charge. - I - . I I I Pursuant to the federal Voting Rights Act we are also providing the enclosed ballot materials in Spanish. If you have any questions about this notice, ballot or Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. - 2 - . I OFFICIAL BALLOT Zone ZONE - TRACT_NAME TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES PROPERTY OWNER: OWNERl OWNER2 MAIL ADDRESS CITY, STATE ZIP CODE PROPERTY: APN: APN SITUS NO SITUS ST - - YEsD Shall the annual charge for Service Level C (perimeter landscaping and slope maintenance services), as specified in Temecula Community Services District Resolution No. 07-XX: NO D I 1) Be increased by $INCREASE per parcel for Fiscal Year 2008-2009 and 2) Beginning Fiscal Year 2009-20 lObe subject to an annual inflation adjustment that is based on the Riverside County Consumer Price Index-Urban Consumers (CPI - U) percentage change for the previous calendar year and that cannot exceed 5% annually? I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Signature Date Print Name Summarv of Procedures for the Comoletion. Return. and Tabulation of Ballots To vote, mark the square after the word "YES" or after the word "NO," print your name, sign and date the ballot. Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self- I addressed to the City ClerklDistrict Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589 or delivered to City of Temecula; Attn: City ClerklDistrict Secretary at 43200 Business Park Drive, Temecula, CA 92590 prior to 8:00 pm on Tuesday, March 4,2008. For a more complete explanation of the balloting process please refer to the enclosed "Procedures for the Completion, Return and Tabulation of Ballots." BARCODEYES BARCODENO . I I I NOTICE OF ELECTION ZONE <<ZONE>> - <<TRACT_NAME>> PROPOSED SERVICE LEVEL C RATES AND CHARGES The Temecula Community Services District (TCSD) finds it necessary to propose an increase to the rates and charges for perimeter landscaping and slope landscape maintenance services (Service Level C) beginning July 1, 2008 and is proposing to include an annual inflation adjustment based upon the Consumer Price Index increase (collectively, the "Proposed Increase"). TCSD prepared a report regarding the Proposed Increase, which is filed with the Secretary of the TCSD (the "Report"). The Report identifies the properties upon which the Proposed Increase will be imposed (the "Properties"), if approved, beginning Fiscal Year 2008-2009. For your Service Level C zone, the Fiscal Year 2008-2009 Service Level C charge is proposed to increase by $<<INCREASE>>, for a total charge of $<<PROPOSED RATE>>. This charge will increase annually by $<<INCREASE>> through Fiscal Year 2018-2019. Beginning Fiscal Year 2019- 2020, TCSD proposes to increase, as needed, the annual Service Level C Charges by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the previous calendar year but by no more than 5%. On December 11, 2007 the Board of Directors conducted a public hearing and considered all objections or protests to the Report and the Proposed Increase. At the conclusion of the public hearing, The Board determined that written protests against the Proposed Increase were presented by less than a majority of owners of the Properties in your Service Level C zone. As a result the TCSD Board has called an election by the Property owners for approval of the Proposed Increase. The Board of Directors encourages you to return the ballot indicating your approval of or opposition to the Proposed Increase and to use the enclosed envelope. The ballot must be received by the City Clerk/District Secretary no later than 8:00 pm on March 4, 2008. - 1 - - I I I The Proposed Increase for your Service Level C zone will be abandoned if the ballots are not approved by a majority vote of the returned ballots. In the event the Proposed Increase is abandoned, the property owner will continue to be assessed at their current Service Level C charge. Pursuant to the federal Voting Rights Act we are also providing the enclosed ballot materials in Spanish. If you have any questions about this notice, ballot or Proposed Increase, please do not hesitate to contact Barbara Smith at the City of Temecula, Community Services Department at (951) 694-6480. -2- - I OFFICIAL BALLOT Zone ZONE - TRACT_NAME TEMECULA COMMUNITY SERVICES DISTRICT SERVICE LEVEL C RATES AND CHARGES PROPERTY OWNER: OWNERl OWNER2 MAIL ADDRESS CITY, STATE ZIP CODE PROPERTY: APN: APN SITUS NO SITUS ST - - YES 0 Shall the annual charge for Service Level C (perimeter landscaping and slope maintenance services), as specified in Temecula Community Services District Resolution No. 07-XX: NO D I 1) Be increased by $INCREASE per parcel each year for Fiscal Years 2008-2009 through 2018-2019 and 2) Beginning Fiscal Year 2019-2020 be subject to an annual inflation adjustment that is based on the Riverside County Consumer Price Index-All Urban Consumers (CPI-U) percentage change for the previous calendar year and that cannot exceed 5% annually? I hereby declare, under penalty of perjury that I am the record owner, or the authorized representative of the record owner, of the parcel identified above. Signature Date Print Name Summary of Procedures for the Completion. Return. and Tabulation of Ballots To vote, mark the square after the word "YES" or after the word "NO," print your name, sign and date the ballot. Check only one box. Ballots must be completed in ink and returned in the enclosed envelope self- I addressed to the City ClerklDistrict Secretary; City of Temecula, P.O. Box 9033; Temecula CA 92589 or delivered to City of Temecula; Attn: City ClerklDistrict Secretary at 43200 Business Park Drive, Temecula, CA 92590 prior to 8:00 pm on Tuesday, March 4, 2008. For a more complete explanation of the balloting process please refer to the enclosed "Procedures for the Completion, Return and Tabulation of Ballots." BARCODEYES BARCODENO - I Exhibit B Service Level C Procedures for the Completion, Return, and Tabulation of Ballots I I - I TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I. Completion of Ballots Who may complete a ballot A ballot may be completed by the owner of the parcel to be charged. As used in these Procedures, the term "owner" includes the owner's authorized representative. If the owner of the parcel is a partnership, joint tenancy, or tenancy in common, a ballot may be completed by any of the general partners, joint tenants, or tenants in common. Only one ballot may be completed for each parcel. Duplicate ballots I If a ballot is lost, destroyed or never received, the City Clerk/District Secretary will provide a duplicate ballot to the owner upon receipt of a request in writing to the City Clerk, at P.O. Box 9033, Temecula, California, 92589-9033, or otherwise delivered to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. The duplicate ballot will be marked to show the date on which the ballot was provided and to identify it as a duplicate ballot. Marking and signing the ballot To complete a ballot, the owner of the parcel must (1) mark the appropriate box approving or opposing the proposed charge, and (2) sign, under penalty of perjury, the statement on the ballot that the person completing the ballot is the owner of the parcel or the owner's authorized representative. Only one box may be marked on each ballot. Ballots must be completed in ink. Only ballots provided by the District will be accepted I The District will only accept ballots mailed or otherwise provided to owners by the District. Photocopies, faxes, and other forms of the ballot will not be accepted. - 1 - - TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I II. Return of Ballots Who may return ballots A ballot may be returned by the owner of the parcel or by anyone authorized by the owner to return the ballot. Where to return ballots Ballots may be mailed to the Cit y Clerk/District Secretary's Office, at P.O. Box 9033, Temecula, California, 92589-9033, (the District has provided a return envelope). Ballots may also be delivered in person to the City Clerk/District Secretary's Office at 43200 Business Park Drive, Temecula, California 92590. Ballots may not be returned by fax. When to return ballots I All returned ballots must be received by the City Clerk/District Secretary's Office prior to 8:00 p.m. on March 4, 2008. The City Clerk/District Secretary will stamp on the ballot the date of its receipt. Withdrawal of ballots After returning a ballot to the City Clerk/District Secretary, the person who signed the ballot may withdraw the ballot by submitting a written request in person to the City Clerk/District Secretary at 43200 Business Park Drive, Temecula, California 92590. Such request must be received by the City Clerk/District Secretary prior to 8:00 p.m. on March 4,2008. If any ballot has been withdrawn, the person withdrawing the ballot may request a duplicate ballot. The City Clerk/District Secretary will retain all withdrawn ballots and will indicate on the face of such ballots that they have been withdrawn. I - 2- - TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I III. Tabulation of Ballots Which ballots will be counted Only ballots which are completed and returned in compliance with these procedures will be counted. Ballots received by the City Clerk/District Secretary after 8:00 p.m. on March 4, 2008 will not be counted. Ballots which are not signed by the owner will not be counted. Ballots with no boxes marked, or with more than one box marked, will not be counted. Ballots withdrawn in accordance with these procedures will not be counted. I The City Clerk/District Secretary will keep a record of each duplicate ballot provided to an owner and will verify, prior to counting any duplicate ballot, that only one ballot has been returned for the parcel. If a non-duplicate ballot has been returned, the District will count the non-duplicate ballot and disregard all duplicate ballots. If only duplicate ballots have been returned, the District will count the earliest provided duplicate ballot and disregard the later provided duplicate ballots. How ballots will be tabulated Ballots may be counted by hand, by computer or by any other tabulating device. Who will tabulate ballots Ballot tabulation will be overseen by the City Clerk/District Secretary. When and where will the ballots be tabulated I Ballots will be opened and tabulated on Wednesday, March 5, 2008 starting at 8:30 a.m. in the City Council Conference Room at Temecula City Hall, 43200 Business Park Drive, Temecula, California, 92590. This process is open to the general public. - 3 - . TEMECULA COMMUNITY SERVICES DISTRICT PROCEDURES FOR THE COMPLETION, RETURN, AND TABULATION OF BALLOTS I Results of tabulation The results of the tabulation will be announced following the completion of the tabulation and entered in the minutes of the Board of Directors meeting by March 25, 2008. IV. Resolution of Disputes In the event of a dispute regarding whether the signer of a ballot is the owner of the parcel to which the ballot applies, the District will make such determination from the last equalized assessment roll and any evidence of ownership submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to ownership of property and the District's determination of ownership will be final and conclusive. I In the event of a dispute regarding whether the signer of a ballot is an authorized representative of the owner of the parcel, the District may rely on the statement on the ballot, signed under penalty of perjury, that the person completing the ballot is the owner's authorized representative and any evidence submitted to the City Clerk/District Secretary. The District will be under no duty to obtain or consider any other evidence as to whether the signer of the ballot is an authorized representative of the owner and the District's determination will be final and conclusive. V. General Information For further information, contact the City Clerk/District Secretary at (951) 694-6444; by mail, at P.O. Box 9033, Temecula, California, 92589-9033; or in person, at 43200 Business Park Drive, Temecula, California 92590. I -4-